Umbers: Against Lottocracy

“Against Lottocracy” (PDF) is a 2018 paper by Lachlan Montgomery Umbers from the department of philosophy at the University of Western Australia.

Abstract

Dissatisfaction with democratic institutions has run high in recent years. Perhaps as a result, political theorists have begun to turn their attention to possible alternative modes of political decision-making. Many of the most interesting among these involve reliance on lotteries in one way or another – as a means of distributing the franchise, selecting representatives, or making social choices. Advocates of these ‘lottocratic’ systems contend that they retain the egalitarian appeal of democracy, while promising improved political outcomes. The aim of this article is to defend democracy (or, at least, universal suffrage and majority rule) against the challenge posed by these proposals. I argue, firstly, that lottocratic systems necessarily involve the establishment of objectionable social and political inequalities in a way that democracies do not. Secondly, I raise a number of doubts with respect to the purported instrumental benefits of these proposals.

The paper is an attempt to formulate a reasoned (negative) response to proposals for instituting sortition-based government as a substitute to elections-based government, and specifically (as its name indicates) to Alexander Guerrero’s proposals. By doing so, the paper represents a significant step forward in the Anglophone academic discussion of sortition. In English-speaking academia proposals for setting up “citizen juries” – i.e., allotted, one-time, limited-purview decision making or (more often) advisory bodies – are discussed at length. So far, however, proposals for setting up sortition-based government were either ignored or summarily dismissed (“Nobody is going to support replacing Congress or Parliament with a randomly selected assembly,” as Helen Landemore put it). As it turns out, Umbers argues for the same reformist academic position. Umbers, however, does break some new ground by devoting his energies to making a detailed argument rather than simply taking sortition-based government off the table at the outset.
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Hind and Mills: A citizen jury visits the secret castle

Dan Hind and Tom Mills write in openDemocracy:

Entering the secret castle: A small step towards democratic public media?

Last week the BBC gave a representative audience panel control of its Brexit output for one day. Could this ‘citizens juries’ type approach begin to transform our media?

It didn’t receive much attention, but last week the BBC tried something interesting. For one day, Friday 1st March, its Brexit-related output was overseen by a representative audience panel that would, as the BBC put it, ‘control’ coverage ‘across a range of BBC News outlets’. The initiative, branded Brexit: Your Stories, was intended, the BBC said, to reflect ‘how Britain really feels about Brexit’. Kamal Ahmed, the editorial director of BBC News, was quoted as saying:

Not only will it be a very different and thought-provoking way of reporting the news that day, but it will help inform how we shape our news coverage in the future. We want our news rooms across the UK to be less a set of secret castles where, to the public, mysterious things happen. We want to open up the process and this first day is just the start.

Does this unusual step from the BBC signal a genuine interest in organisational change? Will it be a first step in democratising its output, as the statement put it? Or was Friday’s experiment more an exercise in PR?

Time will tell. But the rather narrow focus suggests a significant motivation was to help the BBC navigate the choppy waters of Brexit reporting, which has presented enormous challenges for the broadcaster.

[…]

Lottocracy among 5 ideas to upgrade democracy

NJ.com presents “5 ideas to upgrade democracy” by 5 “of America’s leading political philosophers”. One of those is Alexander Guerrero, professor of philosophy at Rutgers University-New Brunswick’s School of Arts and Science, who offers the readers his ‘lottocracy‘:

Maybe America’s problem stems not from the fact that we aren’t picking the right people, but from the fact that we aren’t picking them in the right way.

Maybe — bear with me here — we should get rid of elections. I believe that you — that each of us — has something to offer, and that we can find ways to work together.

I propose we use a new system that uses random selection, rather than elections, to select political representatives.

I call it lottocracy.

For it to work, we must agree that having an elected, generalist legislature has run its course.

We should instead have randomly-chosen citizens selected to serve on single-issue legislatures, each covering specific areas such as immigration, transportation, education, agriculture and so on.

Each of the proposals was evaluated by 3 political scholars from Rutgers’ Eagleton Institute of Politics: Ashley Koning, Elizabeth C. Matto and John Weingart. Here is what they wrote about lottocracy:

Why won’t this work?
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A first article is published by BIRDS

Bard Institute for the Revival of Democracy through Sortition (BIRDS) was recently founded by Jonas Kunz and Hans Kern.

Kunz and Kern have now published a lengthy article in which they offer sortition as a tool for taking action on climate change:

Sortition: The Key to Globally Coordinated Climate Change Action?

Climate change by human industry (anthropogenic warming) has been known to scientists at the highest levels within the U.S. government, at least since 1979. That year, the ‘Charney Report’ — Carbon Dioxide and Climate: A Scientific Assessment — presented the research of nine atmospheric, meteorological and oceanographic scientists convened at Woods Hole Institute, to the National Research Council. The introduction to this report by Werner E. Suomi pronounces: “If carbon dioxide continues to increase, the study group finds no reason to doubt that climate changes will result and no reason to believe that these changes will be negligible. The conclusions of prior studies have been generally reaffirmed. …[“]

[Natheniel Rich writes in a New York Times article:] “in the decade that ran from 1979 to 1989, we had an excellent opportunity to solve the climate crisis. The world’s major powers came within several signatures of endorsing a binding, global framework to reduce carbon emissions.” To arrive at a clear understanding of what went wrong, we must first do away with the common misconception that big industry is and always has been the main culprit. In fact, as the article reveals, the oil industry was the first, to take due diligence measures, on the dangers of climate change and was preparing to adapt to policy changes. The policy changes, however, never came. Resistance did not come from the outside, it came from within the political structures themselves.

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Sortition in the press

Some recent media items mentioning sortition:

The Evening Standard: Let a citizens’ assembly sort the mess left by Parliament by Richard Askwith

TruthDig: Extinction Rebellion by Chris Hedges and Mr. Fish

The New Yorker: A New Film Offers a Multitude of Answers to the Question “What Is Democracy?” by Masha Gessen

Lessons of the Australia Capital Territory compulsory third party car accident insurance citizen jury

In March 2018, a citizen jury convened by the Australian Capital Territory (ACT) government delivered its decision regarding the design of a compulsory third party (CTP) car accident insurance system. The government’s Chief Minister Andrew Barr had committed ahead of time to implement the jury’s decision, but there are now significant political forces pushing against implementation, including Barr’s coalition partner. Adopting the jury’s decision would have significant economic implications for various parties, and as can be expected the process has been called into question. A timeline of criticisms of the citizen jury process is laid out below.

While the attacks are no doubt motivated by interests, the claims that the process itself was tainted by interests cannot be dismissed. The important, if unsurprising, lesson for those advocating the use of citizen juries for public policy is that an expectation that the fact that a decision was made by a citizen jury would by itself carry enough power to resolve significant political conflicts is unrealistic. If the citizen jury’s decisions are to have political power, the citizen jury process must be evidently democratic, i.e., representative of the population and free of elite manipulation. In the case of the ACT CTP jury, this does not seem to be the case. As a result, the jury’s decision cannot be taken at face value as being well-informed and well-considered. The “deliberative democracy” process, then, has had very little value.

The ACT CTP citizen jury, a timeline of criticisms

Even before the jury made its decision, the opposition claimed the process was rigged:

Canberra Liberals to call for inquiry into CTP citizens’ jury
By Katie Burgess, February 20, 2018

The ACT Opposition will push for higher scrutiny of the citizens’ jury on a new compulsory third party insurance scheme for the ACT after concerns the process has been undermined.

Canberra Liberals leader Alistair Coe will on Wednesday call for an inquiry into the citizens’ jury on the insurance scheme currently under way.

“The government’s first shot at a citizens’ jury has rightly made Canberrans sceptical of its merits,” Mr Coe said.

“If deliberative democracy is going to become a function of government, Canberrans need to be able to trust that it is conducted in a fair and impartial manner.

“If we can’t trust the process, then deliberative democracy will be nothing more than expensive tokenism.”
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Newly elected Congressperson: Public office must be earned

Alexandria Ocasio-Cortez is a newly elected US Congressperson from NY who is considered somewhat of an anti-establishment progressive having unseated a long-serving Congressperson in the Democratic primary. Interestingly, although not surprisingly, she seems to be very much in favor of the standard notion of a competitive struggle for power. She recently made the following comment (a-propos the power of the party machine):

That broken mentality, that public office is something you wait in line for, instead of earning through hard organizing, is exactly what voters want to change.

“Waiting in line for public office” is largely what a sortition-based system is about.

Instead of the Popular Initiative, let’s try the democracy of chance

François de Closets writes in l’Opinion.

The Gilets Jaunes, the coalition, the opposition, everybody seems to support the Popular Initiative (référendum d’initiative citoyenne, or RIC). This mechanism for popular participation would offer both a renovating reform of our republic and a way out of the crisis. Wouldn’t it, however, be a false solution? Wouldn’t it be embraced more because it is in the air rather than through thorough reflection? Wouldn’t it be masking a real solution? “Let the people speak”, who can object to that? No one, and it is for this reason that we must not give in to moral terrorism.

Popular sovereignty, the foundation of democracy, struggles with the question of the government. Beyond the scale of the city, even beyond that of a village, collective power is no longer operative. Representative democracy must be utilized. Every nation has arrived at this conclusion. That is, popular sovereignty does not mean governing but appointing and recognizing rulers. It also means that the citizens see themselves as being represented by those who speak and act in their name.

Despite this delegation, the people remain the ultimate source of truth, their word being superior to that of their representatives. In particular, their word must be imposed through referendum when it comes to the supreme law: the constitution. Representative democracy is therefore a compromise due to the impossibility of the ideal of direct democracy.

A crutch. In practice the system risks the formation of an enclosed political class which usurps power from the people. Conversely, direct democracy can be used by manipulators who under the pretext of “letting the people speak” impose their point of view on the majority. Real democracy, that of the general will, is therefore a historical construction which must fend off both of those perversions. The RIC should be examined from this perspective.
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The Gilets Jaunes: what are the prospects for sortition?

An article in RTL by Laure-Hélène de Vriendt and AFP (original in French, Dec. 29, 2018):

Gilets Jaunes marching in Montmartre

Perspective: Some among the Gilets Jaunes propose using citizen participation via sortition in order to create a list for the European elections.

To be used in “the great debate” by the government, proposed by some “gilets jaunes” for the European elections, citizen participation via sortition is riding high, despite some limits emphasized by researchers.

Its detractors fear a “talk-shop where legitimacy is only up to chance”, undermining the foundations of elections. Its supporters praise “the equality of chance to participate in the debate” which sortition makes possible, a specialist in democratic systems working at the Paris VIII university.

In any case, the method has the support of the government: within the framework of “the great debate”, to be held in January and February as a response to the Gilets Jaunes movement, meetings of a hundred allotted citizens in each region will be held in order to give their opinion on the grievances mounting everywhere in France.

“The idea is to make sure that the Frenchpeople who are not necessarily those most involved in public life and public conversation can give their ideas about the debate and the proposals”, explained PM Édouard Philippe last week in Haute-Vienne.

“A much more diverse representation”
For prof. Loïc Blondiaux, a specialist in those matters in Paris I university, “it is a response to the crisis of representation”. Sortition “guarantees a much more diverse representation” because “if we look at the social makeup of Parliament, there are very few workers and wage earners, as opposed to the Gilets Jaunes and to the future assembly members of the “great debate”, emphasizes the researcher. “The representatives will not speak instead of the citizens but as citizens, it is a different voice”, he asserts.

Until now, civic participation via sortition never went above the local level in France. After an experiment during the summer with a national debate for the 5-year energy plan, it “reaches for the first time the national level, with the demand coming from below”, emphasizes Yves Sintomer.

Although citizens councils and participative budgeting using sorititon already exist in municipalities, he observes, “the only institutionalization of sortition at the national level is in trial juries”, going back to the revolution.
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Chouard: An allotted referendum chamber

Etienne Chouard, who has been the most vocal and consistent French advocate for sortition, is having somewhat of a day in the limelight in the context of the Gilets Jaunes protests. Chouard’s other major procedural proposal is the Popular initiative (in french: Referendum d’initiative citoyenne, often referred to as RIC).

A major issue with the popular initiative process, which is practiced in Switzerland and in various US states, is the ballot qualification process. In order to cut down the number of proposals on the ballot to a reasonable number, some hurdle has to be introduced. This hurdle is usually set as the collection of a large number of signatures. This makes qualification resource intensive and thus much easier for elite interests than for the average citizen.

In an interview (original in French), Chouard lays out an interesting alternative:

Chouard: “The RIC makes it possible for a group of people, or for a single person, to pose a question for the whole of the people. One of the first questions to ask ourselves is how many people can legitimately pose a question. In Italy, in Switzerland, it is 100,000, 500,000. It could be a million. It is for us to decide. […] I would say that a single person should be able to pose a question.”

Of course, the immediate consequence of this proposal, unlimited RIC without a minimal quota, is chaos. To handle this issue, the blogger proposes a “referendum chamber” whose members are allotted ordinary citizens, as in the Athenian democracy.

Also worth noting, and commending, the way Chouard affirms his democratic convictions in response to the standard question about the danger that his proposed system would produce bad policy:

I am a democrat. That means that I support the people deciding their destiny themselves and making the most important decisions themselves. At the same time if we are really democrats and honest, then we must expect that from time to time there would be issues, which can be important ones, about which the people would make decisions that would not be the ones we would make.

The full interview (almost an hour) is available as a video.